In recent days, the people's court of changzhou has actively used the “general-to-general” industry mediation mechanism and commissioned the people's conciliation commission for disputes in the field of construction in the district of zhongzhou, which is based at the chongji centre, successfully mediating a service contract dispute for recovery of fire protection contributions, with the effect that “the case comes to an end”。
As a result, one of the plaintiffs, fire technology services, entered into a contract with the defendant, property services, for the repair and maintenance of building fire facilities. The contract expressly provided that the plaintiff would provide fire protection services for a period of two years for certain works in the county under the defendant's administration at a cost of $45,000 per year. Upon conclusion of the contract, the plaintiff strictly complied with its obligations to protect the fire and to ensure the proper functioning of the fire-fighting facilities in the building in question. However, after the expiration of the contract performance period, the defendant had never fulfilled its obligation to pay. The plaintiff repeatedly called for bail by telephone, written correspondence and so on, but the defendant continued to delay payment. In the near future, the plaintiff will be brought before the county court of zhui, requesting the defendant to pay the outstanding fire security and the corresponding interest。
Following the opening of the case, and with the consent of the party concerned, the case was referred to the people's conciliation commission for disputes in the field of construction, which was placed in the zhongzhou district of the chongqing centre, through the “general-general” trade mediation。
“we completed the maintenance of the fire facility as contracted, but they have been in arrears.” upon being entrusted to it, the mediation committee promptly organizes mediation efforts by experienced mediators. The mediator first communicates with the original and the accused parties by telephone, has a preliminary understanding of the case and their claims, and is fully prepared for subsequent mediation。
“now that there is a real problem with corporate liquidity, can the matter of repayment be discussed again?” the defendant's head said in a difficult manner. After being fully informed of the parties ' claims, the mediator organizes face-to-face mediation, and the judges provide legal guidance for mediation and offer a number of more viable mediation programmes, taking advantage of their familiarity with the construction industry and their expertise in communication coordination。
At the same time, the judges provided detailed legal explanations and reasonable advice on the issues at the centre of the dispute between the parties, such as the validity of the form clause in the contract, the performance of the parties, the manner in which interest was calculated, etc., and helped the parties to narrow their differences and reach consensus. The mediation agreement was successfully reached between the two parties, with the cooperation of the judges and the mediator. Thereafter, the defendant paid in full, in strict compliance with the promised time. The plaintiff applied to the court to withdraw the complaint。
“the issue of fire money, which is by no means an ordinary economic dispute, relates to the proper maintenance and operation of fire facilities in the property management area, which directly affects the safety of the lives and property of a large number of owners. The timely payment of fire protection payments is an important element in the construction of fire safety lines and must not be allowed to be prolonged.” the judge of the county court indicated this。
The successful resolution of the dispute vividly demonstrated the practical results of the innovative search by the county courts for “general versus total” industry mediation mechanisms. Since the inauguration on 31 may of this year of the people's conciliation commission for disputes in the field of construction in the county, 128 contractual disputes have been successfully settled for construction works, property services, decorations, etc., which have effectively reduced the time costs and financial burden of popular defence。
Wang xia
